D.B. and Department of the Air Force, 733rd Logistics Readiness Squadron, Joint Base Langley-Eustis (Board decision, November 30, 2023)

ECAB final decision dismissing appeal. The Board dismissed the appeal as untimely and did not reach the compensation merits. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. A party may petition the Board for reconsideration within 30 days unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

An Air Force employee appealed a November 21, 2022 OWCP decision on October 9, 2023. The Board found that the 180-day appeal period had ended on May 20, 2023. The employee did not supply an explanation and documentation showing compelling circumstances for a late filing. The Board dismissed the appeal for lack of jurisdiction without reviewing the underlying claim.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3(e), 501.6(d), 501.7(a).
• Outcome: Appeal dismissed as untimely.
• Key point: A late appeal requires documented compelling circumstances before the Board can extend its 180-day filing period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.B., Appellant
)
)
and ) Docket No. 24-0067
) Issued: November 30, 2023
DEPARTMENT OF THE AIR FORCE, 733 rd
)
LOGISTICS READINESS SQUADRON, JOINT
)
BASE LANGLEY-EUSTIS, Fort Eustis, VA,
)
Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On October 9, 2023 appellant filed an appeal from a November 21, 2022 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0067.

The Board has duly considered the matter and notes that the Board has jurisdiction to review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act.1 For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s review authority is limited to appeals which are filed within 180 days from the date of issuance of OWCP’s decision. 2

The 180 th day following the November 21, 2022 decision was May 20, 2023. As appellant did not file an appeal with the Board until October 9, 2023, more than 180 days after

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
2
20 C.F.R. § 501.3(e) provides in pertinent part: “Any notice of appeal must be filed within 180 days from the date of issuance of a decision of the OWCP.” the November 21, 2022 OWCP decision, the Board finds that the appeal docketed as No. 24-0067 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not explained his failure to timely file an appeal with supporting documentation sufficient to establish compelling circumstances. Because there is no final adverse decision issued by OWCP within 180 days of the filing of the instant appeal, the Board concludes that the appeal docketed as No. 24-0067, must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0067 is dismissed.

Issued: November 30, 2023
Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

3
The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” Id. at § 501.6(d).

2